This information is intended as a guide only and is not to be used as legal advice. You may wish to consult with a solicitor if you believe you have been a victim of discrimination.
Definitions
Part 12, Chapter 1 of the Equality Act defines an assistance dog as:
(a) a dog which has been trained to guide a blind person;
(b) a dog which has been trained to assist a deaf person;
(c) a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise effects a person’s mobility, manual dexterity, physical co-ordination or ability to lift, carry, or otherwise move everyday objects;
(d) a dog of a prescribed category which has been trained to assist a disabled person who has a disability other than one falling within paragraph (c) of a prescribed kind.
Under Section 6 of the Act, a person is disabled if:
(a) they have a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
Training Standards
Assistance Dogs can be trained by a charity, independent trainer, or by their owner.
There is no legally defined standards for assistance dog training, however the Equality and Human Rights Commission sets out the following guuidance:
“Assistance dogs are highly trained which means they will not wander freely on the premises, will sit or lie quietly on the floor next to their owner, and are unlikely to foul in a public place. Most assistance dogs are instantly recognisable by a jacket or harness. However, the law does not require the dog to wear a jacket or harness to identify it as an assistance dog.”
It is generally agreed that an assistance dog should meet the IAADP minimum standards for public access before entering non-pet friendly spaces, to ensure that they can work safely and effectively in public.
Discrimination
The Equality Act recognises 6 main types of Disability Discrimination: direct, indirect, failure to make reasonable adjustments, discrimination arising from disability, disability harassment, and victimisation.
Under section 13, direct discrimination is defined as when a disabled person is treated “less favourably” than non-disabled people.
Section 15 of the Act states that discrimination arising from disability is when someone treats a disabled person less favourably because of something arising because of their disability (for example their Assistance Dog).
Section 19 of the Act states that indirect discrimination is when a person applies a provision, criterion or practice that significantly disadvantages.
Under section 20 of the Act, service providers are required to make reasonable adjustments, at no cost to the disabled person, to a provision, criterion, practice or physical feature that puts that person at a substantial disadvantage.
Under section 26, you are harassed if someone engages in unwanted conduct related to your disability, and this has the effect of violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Under section 27, you are victimised if you are treated less favourably because you have, or are about to: bring about legal proceedings regarding breaches of the Act, give evidence in connection with proceedings under the Act, make allegations about that person in connection to the Act.
If you have been treated in one or more of these ways because of your disability or your assistance dog, it is likely that you have been discriminated against.
Dealing with Access Issues
Access issues can be frustrating and humiliating. In the first instance you can try to gain access by calmly explaining that your dog is an Assistance Dog and that you are protected under the Equality Act. It may help to show a law card, or a copy of the EHRC Guide For Businesses.
If you have not been able to resolve the issue face-to-face, you may wish to make a complaint to the business. You can use the free Superdog Designs template to write a formal complaint.
COMPLAINT TEMPLATE (opens as PDF)
If a business does not acknowledge your complaint, or denies discriminating against you, you may be able to make a civil claim. You can get advice from a solicitor, or the Citizens Advice about making a claim. In some circumstances you may be able to escalate your complaint with the police.